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Research -42- ILIC 2022
معضلة القصور التشريعي في العالم العربي: الجذور، المظاهر والمداخل
Keywords: Legislative shortcomings – Parliament – Quality – Legal drafting -Effectiveness – Legislative governance.
Journal of college of law
For legal and political sciences
Volume (11) ISSN: 2226-4582 AIF: 08
Faculty of Law / Tishk International University
Date: 22-23, December 2022
Venue: Kurdistan Region- Erbil
Dr. Abderrafie Zaanoun
Visiting professor at Abdelmalek Saadi University in Morocco
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Abstract
Legislative development in the Arab world has not resulted in the formulation of tight legal texts that adequately respond to real societal needs and provide a coherent reference for public intervention. Part of this shortcoming is related to the circumstances of the emergence of contemporary Arab legislation, which was the product of a “forced birth” that created a clear gap between historical and social assets and “imported” requirements that were not adequately prepared, in addition to other factors of a political and technical nature. Despite the differences in legislative experiences among Arab countries, they are mostly penetrated by the same shortcomings. This study addresses the problem of the effectiveness of Arab legislation and its inability to regulate social relations, and to keep pace with transformations in light of its continuous neutrality from the essential pillars of legislative action such as justice, impartiality, objectivity and effectiveness. , while proposing the required amendments to make the outputs of the legislative process more disciplined to the standards of good governance and more closely related to its social roots.